Supreme Court · 2003 INSC 332 · Decided 25 July 2003
P.V. Radhakrlshna v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2003 INSC 332 · [2003] SUPP. 1 S.C.R. 745
- Case number
- CRIMINAL APPEAL No. 1018/2002
- Decided
- 25 July 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 32
Headnote
B Evidence Act, 1872-Section 32: Dying Declaration when not corroborated-Evidentiary value of­ He/d: When court is satisfied that dying declaration is not the result of C tutoring, prompting or product of imagination but made by deceased voluntarily and also the declarant was in fit state of convicting the accused. Dying declaration-Probability of making-Relevant factors-Held: Percentage of burns alone does not determine probability or otherwise of making dying declaration-Nature of burns, part of body affected, impact of burn on faculties to think and convey idea or facts coming
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